Comments on Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry aboutTypePad2013-01-25T05:31:59ZEric Zornhttp://blogs.chicagotribune.com/news_columnists_ezorn/tag:typepad.com,2003:http://blogs.chicagotribune.com/news_columnists_ezorn/2013/01/subway/comments/atom.xml/Xuuths commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7ed8290970d2013-01-26T20:36:21Z2013-01-26T20:36:21ZXuuthsFor those wondering about Grape Nuts... http://en.wikipedia.org/wiki/Grape-Nuts<p>For those wondering about Grape Nuts...</p>
<p><a href="http://en.wikipedia.org/wiki/Grape-Nuts" rel="nofollow">http://en.wikipedia.org/wiki/Grape-Nuts</a><br />
</p>Xuuths commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d407933c8970c2013-01-26T20:34:49Z2013-01-26T20:34:49ZXuuthsTerry McG -- I'm so saddened. It appears that MCN has infected you with his argument from authority logical fallacy...<p>Terry McG -- I&#39;m so saddened. It appears that MCN has infected you with his argument from authority logical fallacy syndrome. </p>
<p>Ick.</p>
<p>Really, do something about that. See a doctor. Soon.</p>David P. Graf commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c3649ba53970b2013-01-26T19:26:25Z2013-01-26T19:26:25ZDavid P. GrafThis is one of those things that makes even me sympathize with tort reform. There ought to be a "laugh...<p>This is one of those things that makes even me sympathize with tort reform. There ought to be a &quot;laugh test&quot; applied to lawsuits. If a reasonable person would burst out laughing or groaning after having a lawsuit described to them, then it flunks and will never see the light of day in a courtroom. The plaintiffs and their lawyers will be punished by having to watch 24 hours of Adam Sandler movies. :-)</p>foodie commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c36486f86970b2013-01-26T15:05:44Z2013-01-26T15:05:44ZfoodieThe question is what are you paying for? Are you paying for the contents of the sub, the meat, cheese,...<p>The question is what are you paying for? Are you paying for the contents of the sub, the meat, cheese, toppings and dressing, or are you paying for the container, the loaf?</p>
<p>I think most people would agree that if Subway layered less filling onto a twelve inch roll and called it &quot;footlong,&quot; they would not be meeting their obligation. </p>
<p>Another factor that needs to be considered is the amount of bread, the volume and weight of the loaf. As bread rises it may shrink from end-to-end, but the actual amount of bread does not diminish. So if the actual volume and weight of the loaf is the same, but the length varies, the customer is cheated of nothing.</p>
<p>One nice, and challenging, thing about Subway is that the loaf is baked fresh (not flatbreads) in the store. Given these factors, Subway is meeting its obligations if they serve consistent amounts of roll and filling to all of their customers.</p>
<p>Sadly, nothing short of genetic engineering will address the Buffalo Wing problem. You have a good case there.</p>Boris Gendelev commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c36460242970b2013-01-26T06:43:19Z2013-01-26T06:43:19ZBoris GendelevIf Subway didn't put a disclaimer, like the McD's one about Quarter Pounder, it sounds like a stupid oversight, since...<p>If Subway didn&#39;t put a disclaimer, like the McD&#39;s one about Quarter Pounder, it sounds like a stupid oversight, since they must know about variations in how buns bake. Ill intend? Did someone even demonstrate that these shorter buns have consistently less bread? And what kind of a person does it take to sue over this? I hope they get breadcrumbs as a settlement.</p>Beth commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e802cc970d2013-01-26T02:34:40Z2013-01-26T02:34:40ZBethAReader -- VERY funny. And I love Grape Nuts, by the way. (Hard on my teeth, though. And you can't...<p>AReader -- VERY funny. And I love Grape Nuts, by the way. (Hard on my teeth, though. And you can&#39;t hear a THINK while you&#39;re chewing.)<br />
</p>Kevin Byrnes commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e6e8e4970d2013-01-25T23:22:32Z2013-01-25T23:22:32ZKevin ByrnesHi Eric, I recall, years ago, hearing the story of a lawsuit by dairy farmers against Harvey's for their Bristol...<p>Hi Eric,</p>
<p>I recall, years ago, hearing the story of a lawsuit by dairy farmers against Harvey&#39;s for their Bristol Cream and Bristol Milk appellations. The judge tossed it out, saying that he found it incredible that anyone could mistake a bottle of sherry for the excretion of a cow, or words to that effect.</p>
<p>Hope you are doing well now that we are 13 years into the new century (or is it 12?...)</p>AReader commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d40718fb5970c2013-01-25T20:15:37Z2013-01-25T21:11:17ZAReaderGrape Nuts contain neither grapes nor nuts. Discuss.<p>Grape Nuts contain neither grapes nor nuts. Discuss.</p>Jakash commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c3641febe970b2013-01-25T18:55:10Z2013-01-25T18:55:10ZJakashI like Subway. Sure, they're probably all fairly low-quality ingredients, but, you get what you pay for, and the $5...<p>I like Subway. Sure, they&#39;re probably all fairly low-quality ingredients, but, you get what you pay for, and the $5 deal DOES seem like a deal, compared to some of the other franchise sandwich options out there. FWIW.</p>
<p>It seems to me that, if they&#39;re gonna use a ruler to advertise their footlong, it&#39;s incumbent upon them to make it AT LEAST the required 12 inches long. If they need to make some 12 1/2 inches to ensure that they&#39;re ALL at least the advertised 12, so be it. </p>
<p>Have you ever weighed a bag of carrots at the Jewels over by there? A 1 lb. bag is usually WAY over a pound. Some are pretty close, but I&#39;ve never found one to be under. (Uh, if you want to know the definition of &quot;cheap&quot; -- selecting a bag of carrots based on how heavy it is pretty well nails it!) Isn&#39;t this the way most things are? To ensure that you&#39;re getting the quantity or size that is supposedly guaranteed, you actually get MORE than you&#39;re supposed to, a fair amount of the time. Again, FWIW. </p>
<p>All that being said, I also agree that the main thing, as Terry McG notes, is the ingredients, which are not affected by the bread size. Personally, I don&#39;t care much if the bread is a half-inch short -- but I think saying &quot;who cares?&quot; is a pretty hard argument for SUBWAY to make, given their advertising. </p>
<p></p>
<p><br />
</p>BC commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c3641c216970b2013-01-25T18:16:35Z2013-01-25T18:16:35ZBC"Banquet frozen meals bear little resemblance to actual banquet food." Which is to be expected because "Banquet" is a BRAND...<p>&quot;Banquet frozen meals bear little resemblance to actual banquet food.&quot;</p>
<p>Which is to be expected because &quot;Banquet&quot; is a BRAND NAME, not a description of the style of food.</p>A. Guy commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e4f839970d2013-01-25T18:01:42Z2013-01-25T18:01:42ZA. GuyOf course EZ could find a lawyer for his Buffalo Wild Wings suit -- if he was willing to pay...<p>Of course EZ could find a lawyer for his Buffalo Wild Wings suit -- if he was willing to pay a big retainer up front. Could he find one to take it on contingency?</p>
<p>Not so likely.</p>
<p>As for the Subway suit, I wouldn&#39;t expect that anybody could judge whether it was frivolous under current legal standards just by newspaper accounts. As other commentators have noted, the point of a class action is to allow litigation of things that are too tiny to be worth chasing on an individual basis, but might add up to some real money in the aggregate. The measure of this one isn&#39;t the the degree to which one individual sandwich buyer is harmed.</p>
<p>If the Subway Bread Suppliers Organization sent the parent company a memo advising that a bread reduction of 1/2 inch for every sub could reduce costs by X dollars for every thousand sandwiches sold, and the parent then ordered an 8% reduction in dough content for every bake run for every bread supplier, you&#39;ve got somethng of a different situation than you&#39;d have if one employee at one franchise made one goof.</p>Greg commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c36418a85970b2013-01-25T17:38:04Z2013-01-25T17:38:04ZGregFinally, I agree with Eric on something. Wonders never cease. This foot long lawsuit is nonsense. I get so tired...<p>Finally, I agree with Eric on something. Wonders never cease. This foot long lawsuit is nonsense. I get so tired of the victum metality where everyone has been wronged and needs to be made whole. Eat somewhere else if its that big of a deal to you.</p>peter commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e4c46f970d2013-01-25T17:26:47Z2013-01-25T17:26:47ZpeterSorry Zorn, not with you on this one buddy. The implication of the food item itself is that it's a...<p>Sorry Zorn, not with you on this one buddy. The implication of the food item itself is that it&#39;s a foot long. Therefore, as the customer I expect it to be a foot long, not 10 inches, not 11 -- one foot. Subway also expects us to expect their foot long is one foot since they also have a 6 inch (by the way, did anyone measure THAT?) sandwich. I worked at a pizza place when I was a kid and our pizzas were sold by size, our 12 inch pizza was 12 inches, our 14 inch 14 inches. To tag a food item with a certain size and that size comes up short is to me, plain old fashioned deception. Not knowing a buffalo wing is not made of buffalo is ignorance on the part of the purchaser; I&#39;ve never seen a buffalo wing advertised as &quot;made from 100 percent buffalo,&quot; so therefore I consider that argument to be worthless. </p>Marc commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d40707fc3970c2013-01-25T17:23:07Z2013-01-25T17:23:07ZMarcGreat column Mr. Zorn. And yet another example of why we need tort reform. Just like most class action suits...<p>Great column Mr. Zorn. And yet another example of why we need tort reform. Just like most class action suits that produce a 35 cent check to consumers or a discount on a future purchase but net the lawyers millions in fees. And it is really just legal extortion. A $5 million law suit will cost more than $5 million to defend plus the marketing costs. So the lawyers know the company will settle and send out a coupon to class members and pay the lawyers $1.5 million (30%). My guess is the original claimant will also get a cut from the lawyers. But what is really galling to me is the idea that a customer, standing in line, watching the sandwhich being made is somehow ignorant of what they are paying for and in need of court protection. They can see the sandwhich, they know how it tastes, they know if it was satisfying. They can easily decide if it is worth the price. Only a moron could claim that they purchased solely based on the name. Or do they expect a &#39;gut buster&#39; to actually bust a gut so they can sue for that too.</p>Beth commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c364174c2970b2013-01-25T17:22:20Z2013-01-25T17:22:20ZBethI haven't read the comments yet -- but I have to say that I disagree with you, Eric, though I'm...<p>I haven&#39;t read the comments yet -- but I have to say that I disagree with you, Eric, though I&#39;m not exactly sure why. I guess if a company advertises it&#39;s a foot-long sub, then it should BE a foot-long sub. At the same time, I don&#39;t think I&#39;d sue over the matter. I don&#39;t know what other recourse is possible, likely or even desirable.</p>
<p>As HRC famously said the other day, &quot;What difference does it make?&quot; Well, if the sandwich is supposed to be 12 inches and it&#39;s 11, you just lost 8.3 percent of your sandwich, by my calculator. I don&#39;t think they charge you 8.3 percent less. </p>
<p>All that said, I guess I vote with my feet and wallet, though not because of the length, but because I don&#39;t really like their sandwiches that much. I&#39;d rather spend more and get a turkey deli sandwich at Panera. And I usually make my own at home...</p>Jim commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e4a9b9970d2013-01-25T17:06:45Z2013-01-25T17:06:45ZJimSubway wouldn't even have to give you more bread. Just shape the same dough so it's a little longer and...<p>Subway wouldn&#39;t even have to give you more bread. Just shape the same dough so it&#39;s a little longer and a little skinnier, and POOF! Twelve inches! They could even make it 12-1/2&quot; or 13&quot; and advertise that they give you MORE than a foot of sandwich. Of course, as others have noted, the actual amount of meat and toppings wouldn&#39;t change at all . . . </p>
<p>What a waste of time in an already overloaded legal system.</p>DaveB commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d40705ff5970c2013-01-25T17:00:18Z2013-01-25T17:00:18ZDaveBThis looks like a suit that Jackie Chiles would jump all over!<p>This looks like a suit that Jackie Chiles would jump all over!</p>Dienne commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e47a30970d2013-01-25T16:37:13Z2013-01-25T16:37:13ZDiennesioux - you want half your money back because they gave you *more* than you wanted? See the difference?<p>sioux - you want half your money back because they gave you *more* than you wanted? See the difference?</p>lexi commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d40703b9d970c2013-01-25T16:36:27Z2013-01-25T16:36:27Zlexilegal system.<p>legal system. </p>runaround_sioux commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c36410acc970b2013-01-25T16:09:32Z2013-01-25T16:09:32Zrunaround_siouxhttp://profile.typepad.com/6p017d3e908c1d970cFor all of you who've been wronged by Subway, I suggest hopping in your car and requesting the crusts you...<p>For all of you who&#39;ve been wronged by Subway, I suggest hopping in your car and requesting the crusts you so richly deserve.</p>
<p>As for me, I&#39;m going back to my Starbucks and request that half of my money be refunded for the muffin I bought, given that I only wanted the top.</p>lexi commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c3640ff11970b2013-01-25T16:01:45Z2013-01-25T16:01:45ZlexiThis is a perfect example of why we should have a "loser pays" tax system.<p>This is a perfect example of why we should have a &quot;loser pays&quot; tax system.</p>Dienne commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d4070013b970c2013-01-25T15:56:43Z2013-01-25T15:56:43ZDienne"But Subway has never specified that." Um, check the ad that appears about midway through Eric's post.<p>&quot;But Subway has never specified that.&quot;</p>
<p>Um, check the ad that appears about midway through Eric&#39;s post.</p>Terry McG commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e43938970d2013-01-25T15:52:30Z2013-01-25T15:52:30ZTerry McGDienne, I never said it was obvious, but it certainly was asked/answered on the previous thread. If you'd like to...<p>Dienne, I never said it was obvious, but it certainly was asked/answered on the previous thread. If you&#39;d like to determine an acceptable tolerance for a product like a Subway bun, have at it and let me know.</p>
<p>This is my final post on this subject, most of my add&#39;l comments are on the previous thread. Unless JerryB gives us a few more foot jokes.</p>FritzIII commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c3640e6db970b2013-01-25T15:46:42Z2013-01-25T15:46:42ZFritzIIII think we're discussing the wrong "foot." Everyone assumes the foot in question is 12 inches. But Subway has never...<p>I think we&#39;re discussing the wrong &quot;foot.&quot; Everyone assumes the foot in question is 12 inches. But Subway has never specified that. Suppose what they had in mind was a size 8 foot? Of course, by such a standard, most sandwiches could probably be described as being &quot;footlong&quot; simply by identifying the relevant ped.</p>Dienne commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c3640d3fe970b2013-01-25T15:33:15Z2013-01-25T15:33:15ZDienneYes, I always find the you-don't-know-what-you're-talking-about argument to be quite persuasive. Especially when what I allegedly don't know is apparently...<p>Yes, I always find the you-don&#39;t-know-what-you&#39;re-talking-about argument to be quite persuasive. Especially when what I allegedly don&#39;t know is apparently so obvious that the commenter can&#39;t even be bothered to explain what it is I don&#39;t know.</p>Terry McG commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e40b9b970d2013-01-25T15:20:19Z2013-01-25T15:20:19ZTerry McGBTW, by the same token, I guess their "$5 Meal Deal" is just a descriptive name too, right? So they...<p>BTW, by the same token, I guess their &quot;$5 Meal Deal&quot; is just a descriptive name too, right? So they won&#39;t mind at all if I only give them $4.60. Goose, gander?<br />
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Dienne, please get back to us after you complete graduate level courses on quantitative analysis and apply such knowledge in your work. Because this example indicates you really don&#39;t know what you&#39;re talking about.</p>Tim commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e3f431970d2013-01-25T15:03:55Z2013-01-25T15:03:55ZTim For that matter, "football" as it's played in this country is a misleading term; the foot rarely contacts the ball...<p>For that matter, &quot;football&quot; as it&#39;s played in this country is a misleading term; the foot rarely contacts the ball during the game. Why has FIFA not sued?</p>Terry McG commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e3e152970d2013-01-25T14:51:41Z2013-01-25T14:51:41ZTerry McGOh, and the people who will be hurt most by this nonsense are the franchise owners themselves, many of them...<p>Oh, and the people who will be hurt most by this nonsense are the franchise owners themselves, many of them hard working immigrants who came here to try and participate in the American Dream, others who also scrimped and saved over the years so they could someday realize well-earned and hard-fought success. </p>Terry McG commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d406f9c93970c2013-01-25T14:46:28Z2013-01-25T14:46:28ZTerry McGI've said quite a bit on the previous thread, especially around the non-linear aspects of a product such as a...<p>I&#39;ve said quite a bit on the previous thread, especially around the non-linear aspects of a product such as a loaf of bread allowing for acceptable tolerances. I brought up, and several went into more detail after, that the amount of fixins on the sandwich are not going to change. The &quot;meat&quot; portion of the sandwiches are all carefully measured. That extra half inch isn&#39;t going to buy you any more shredded lettuce and bland tomatoes. So what&#39;s your beef Dienne and others who really think this is a good use of our legal system? Given the way the bread is shaped/baked in-store, there are always going to be variations, unless you want the additional step of actually sizing the bread, using finely calibrated tools, as part of the baking process. You&#39;ll pay more, but I guess it&#39;s worth it to ensure your footlong really is, eh?</p>
<p>This is such a great example of how everyone gets screwed with this type of nonsense actually progressing through our courts.</p>Jara commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d406f9c14970c2013-01-25T14:46:08Z2013-01-25T14:46:08ZJaraLook Eric, you're 'squished sandwhich' argument fails because it is Subway who shows an unsquished sandwhich as measuring a full...<p>Look Eric, you&#39;re &#39;squished sandwhich&#39; argument fails because it is Subway who shows an unsquished sandwhich as measuring a full 12 inches with the tape measure. They didn&#39;t have to advertise this way. If they really didn&#39;t mean for &quot;footlong&quot; to be understood as a literal 12 inches, why call half the sandwhich a &quot;6 inch&quot;?</p>
<p> It&#39;s easy to make fun of these lawsuits (and come on, no one thinks that &quot;buffalo wings&#39; mean the wings of a bison). But it is also easy, very easy to rip people off 50 cents or a dollar at a time and then feign shock when you are called on it. All the while making millions on that small rip off when you multiply it by all the people who are buying that product. </p>
<p>ZORN REPLY -- The savings to Subway, if any, is not in the meat, cheese or other ingredients. Those are standard in every sandwich of the same variety, and the research establishes that some significant fraction of them is actually 12 inches. So we&#39;re talking about an inch or so of bun--- let&#39;s say each bun costs 50 cents -- <a href="http://www.auddinositalianbakerycolumbusoh.com/var/m_6/60/602/2782/9207-wholesale-menu.pdf" rel="nofollow">http://www.auddinositalianbakerycolumbusoh.com/var/m_6/60/602/2782/9207-wholesale-menu.pdf</a> -- is my quick stab at pricing -- the per inch price of the bread is roughly four cents. That&#39;s the &quot;harm&quot; done to the customer. </p>Tom Blackford commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d406f8070970c2013-01-25T14:27:40Z2013-01-25T14:27:40ZTom BlackfordOne Jimmy John's 8-inch > one Subway footlong Length has nothing to do with it.<p><br />
One Jimmy John&#39;s 8-inch &gt; one Subway footlong</p>
<p>Length has nothing to do with it.</p>ronnie bats commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e39253970d2013-01-25T13:56:17Z2013-01-25T13:56:17Zronnie batsYes, we should all be outraged over this blatant attempt to deceive by selling people 1" less of sub than...<p>Yes, we should all be outraged over this blatant attempt to deceive by selling people 1&quot; less of sub than they pay for. No amount of money could properly compensate the Jared&#39;s of the world that they&#39;ve been had. No wonder they&#39;re all losing weight. </p>
<p>This is nothing more that opportunistic litigation. It&#39;s a complete waste of the courts time and we should mock and ridicule it. For those of you that have been &quot;harmed&quot; your remedy will likely come in the form of a $.50 coupon to buy more processed meat footlongs. In the meantime the attorneys will get fat off of the $1M or so they extort in legal fees. </p>
<p>Is this really how we want our legal system to allocate its resources?</p>Dienne commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d406ec1fb970c2013-01-25T12:24:03Z2013-01-25T12:24:03ZDienneBTW, by the same token, I guess their "$5 Meal Deal" is just a descriptive name too, right? So they...<p>BTW, by the same token, I guess their &quot;$5 Meal Deal&quot; is just a descriptive name too, right? So they won&#39;t mind at all if I only give them $4.60. Goose, gander?</p>Dienne commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017ee7e2b0ab970d2013-01-25T11:36:50Z2013-01-25T11:36:50ZDienneJust how much shorter than 12 inches could Subway go before you would take it seriously, Eric? What if their...<p>Just how much shorter than 12 inches could Subway go before you would take it seriously, Eric? What if their &quot;footlongs&quot; were only 10 inches? 8? 6?</p>
<p>Why are we so eager to let people off the hook when they try to have it both ways? The director of Zero Dark Thirty claims her movies is both &quot;journalistic&quot; and subject to &quot;artistic license&quot; and we collectively line up behind her and jump on anyone who dares to claim that the two are mutually exclusive.</p>
<p>Here, Subway has clearly made the 12-inch ruler part of their advertising - *they* are the ones who are guaranteeing (pictorially if not verbally, but a picture paints a thousand words) that their sandwiches are indeed a full one foot long. But now that they&#39;re being found out, they turn right around and claim that &quot;footlong&quot; is just a &quot;descriptive name&quot;. And again we have the apologists who line up to side with this fraud to tell us that anyone opposed to being shorted by nearly 10% is just making a mountain out of a molehill.</p>GJO'L commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017d406e43af970c2013-01-25T11:05:30Z2013-01-25T11:05:30ZGJO'LI don't think you could find an attorney for that suit.<p>I don&#39;t think you could find an attorney for that suit.</p>Jara commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c363d2330970b2013-01-25T05:40:41Z2013-01-25T07:22:38ZJaraSubway does a great deal to make one believe they indeed mean 12 inches when they say "footlong". This includes...<p>Subway does a great deal to make one believe they indeed mean 12 inches when they say &quot;footlong&quot;. This includes selling half the sandwhich as a &quot;6 inch&quot; and even more importantly, using that measuring tape in many ads. I think these things mean that the suit is not going away any time soon. </p>Paul K Ogden, Indiana University School of Law commented on 'Foot bawl -- An inch here or there in a sandwich is nothing for consumers to cry about'tag:typepad.com,2003:6a00d83451b4ba69e2017c363d2131970b2013-01-25T05:39:14Z2013-01-25T07:22:38ZPaul K Ogden, Indiana University School of Law-- I'm sorry, but people know buffalo wings aren't the wings of a bison. People, though, had every reason to...<p> --<br />
I&#39;m sorry, but people know buffalo wings aren&#39;t the wings of a bison. People, though, had every reason to believe a foot long sub sandwich was actually twelve inches long. Huge difference. We&#39;re talking about 50 cents&#39; worth of the sandwich missing. I don&#39;t think you&#39;d say the same thing if Subway charged every customer 50 cents more than what they advertised.</p>
<p>ZORN REPLY -- I&#39;ll bet if you squish the shorter sandwiches flat enough they&#39;d pancake out to even *more* than a foot. </p>